Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
If a man has the means to fee a lawyer he is in a better case, or if he
has committed an offence which is serious enough to cause his remand to a
higher Court, for there he will get legal assistance free; but if he is
simply a petty offender with no one to help him he will probably get dealt
with without any loss of time and be sentenced by scale.
It is time that some provision was made to have the police court made less
a police court and more a court of justice. There is far too much police
about it for the public interest. Anybody may attend, but few do so; and
the proceedings might for all practical purposes be conducted in private,
so far as the towns are concerned. The cases are seldom reported, and when
the newspapers do notice the proceedings it is usually in a jocular way;
but they are no joke to the persons concerned. A sensational murder is
detailed and canvassed as though the only matter of importance to the
country was the hanging of the wretch who has got into the limelight.
Every hysterical theorist is anxious to get his opinion of the proper way
to treat criminals put before the public; and all the time we are busily
engaged in putting into our machine young and old who have taken the first
step downwards, and congratulating ourselves on the smoothness with which
it works. It is not cruelty that causes us to behave in this way, but
sheer stupidity and lack of imagination. Now and then a man who has eyes
to see gets made a Bailie, but he makes a poor police judge. Those who
look upon themselves and are credited by others with the heaven-born
instinct are as likely to be the men whom no one would trust to be a judge
in his own cause; and it is quite possible for a man who is narrow-minded,
vindictive, and callous to have the fate of his poorer fellow-citizens
placed in his hands, and, because he likes the work, to continue on the
bench long after his term as a Bailie has expired. If it is important to
deal with wrongdoing in the beginning; if it is desirable to prevent
people from being sent to prison when that can be avoided; it is obvious
that we must see that our minor courts are so arranged and so officered
that those who come before them have at least as good a chance of having
their cases weighed as the old hands who go to the higher Courts get
there.
The Sheriff may sit to try cases summarily, just as the Bailie does; but
the court is ordered differently. The Procurator-Fiscal has no connection
with the police. The case is reported by them to him and he makes his own
enquiries and may drop proceedings altogether. The Sheriff is an
experienced lawyer and he sees that the prisoner's case is properly
presented. The prisoner, if he wishes, may have a law-agent to appear on
his behalf, and in jury cases it is the duty of the prison authorities to
see that a lawyer has the defence in hand.
Public-domain text, read in full here on John Shaqi.
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